Chief
Judge Pongdej Vanitkijtihul of the Supreme Court Office explained
that an environmental court is needed in the country for several
reasons. For one thing, environmental pollution brings damages to
natural resources which are the property of everyone.

"It's not
true to say that only people in the area of the Mae Moh power plants
are affected by their emissions. Actually, the public in general
is also affected." "Sometimes, the repercussions (from
environmental damage) don't show right away. Sometimes it takes
two or five years, or more," he said.

An environmental
court case also requires input from experts in various scientific
fields, he said. This is especially true because the burden of proof
is on the affected people's shoulders. They should be able to call
on the technical knowledge of others.

Chief Judge
Pongdej said that actually there is a mechanism currently in place
for people to receive a trial before a special legal panel affiliated
with the Supreme Court and presided over by a judge who has expertise
in environmental matters. The process is cumbersome, however; first
the plaintiff would have to go through the Administrative Court,
and then through an appellate court, and has never been employed.

Chief Judge
Pongdej envisions a future in which access to the special panel
will be granted whenever it is warranted. He also said that in the
near future the members of the jury may need to visit the sites
of alleged environmental damage.

"We
can no longer sit in the jury box and imagine, we must see
for ourselves. An environmental court should aim to provide
justice in conflicts of interest between economic development
and protecting natural resources, he said. "Presently,
we only look at the GDP without thinking what we have to sacrifice,"
he said.

"The
environment must be revitalised to its former state by the
polluter," Judge Pongdej said, adding that the public
must be aware of any potential harmful activities to the environment
surrounding them. "Look at the Bhopal case (in India,
in which a pesticide production plant exploded, killing many
people and disabling many more). It is a lesson to the public
that we must pay more attention to environmental issues,"
he said.

The
judge feels that a key judicial role in protecting the environment
is to boost the conscience of the public to follow environmental
laws. The court must establish measures so that the public will
lend their hands in protecting the environment.

"The court
must also be able to enforce the environmental laws," he added.

The reality
now, however, is that even if the justice system is waiting for
people who are affected by environmental pollution, it is very difficult
for them to access, and even harder to overcome the odds stacked
against them and win their case.

Said Dr Pongthep
Wiwanthanadej of Chiangmai University: "We know that Mae Tao
villagers get sick. But if they have to prove that cadmium is the
cause of their sickness, how can they do that? They have to take
water and rice to the laboratory for testing.

"How can
we solve this problem? If we allow this situation to persist, polluters
won't be careful of their actions... It's more economical for them
just to dump their waste than to treat it. Because the burden of
proof is on the damaged party, not the polluters."